February 26, 2018 The Honorable Lamar Alexander Chairman Committee on Health, Education, Labor and Pensions U.S. Senate Washington, D.C. 20510
The Honorable Patty Murray Ranking Member Committee on Health, Education, Labor and Pensions U.S. Senate Washington, D.C. 20510
The Honorable Greg Walden Chairman Committee on Energy and Commerce U.S. House of Representatives Washington, D.C. 20515
The Honorable Frank Pallone Ranking Member Committee on Energy and Commerce U.S. House of Representatives Washington, D.C. 20515
Dear Chairman Alexander, Ranking Member Murray, Chairman Walden, and Ranking Member Pallone, As representatives of the U.S. food value chain, we urge you to reject any amendments to the reauthorization of the Animal Drug User Fee Act (ADUFA) that could undermine or conflict with the National Bioengineered Food Disclosure Standard Act (the Disclosure Act or the Act). Congress passed the Disclosure Act in 2016 with overwhelming bipartisan support, and President Obama signed it into law. The Act provides the framework for the United States Department of Agriculture (USDA) to provide consumers with consistent, truthful, and nonmisleading information they may wish to have about their food in a way that does not stigmatize the use of technology to produce that food. USDA is currently implementing the Disclosure Act through rulemaking. When considering the Disclosure Act, Congress was explicit that the Act must prevent a patchwork of bioengineered food disclosure regulations, as the existence of such would likely
cause widespread consumer confusion. Consequently, Congress set the definition of “bioengineered” food, thus establishing the scope of the uniform mandatory disclosure standard. Those foods that meet the definition of a “bioengineered food” fall within the uniform disclosure mandate. The Act sets out a number of options for compliance and recognizes the 30-plus years of proven safety of bioengineering in food and agriculture. It is important for Congress to fully support the framework set out in the Disclosure Act and the authority vested in USDA to implement that framework. To do that, Congress must reject any attempts to undermine the Act. We are extremely concerned that a proposed amendment to S. 2434, the Animal Drug and Animal Generic Drug User Fee Amendments of 2018 would do just that. The proposed amendment would require a separate and conflicting mandated label for a specific bioengineered food product that is already covered by the Disclosure Act. If this provision becomes law, it will undermine the congressionally-mandated USDA uniform disclosure standard and generate consumer confusion as the proposed FDA label would mandate different disclosure language from that required by the Disclosure Act. Consumers would likely be left wondering as to the differences in disclosures. As you work over the next few weeks to finalize the reauthorization of ADUFA, we ask that you oppose inclusion of this harmful bioengineered food labeling provision from any final bill. Sincerely, Agricultural Retailers Association American Farm Bureau Federation American Feed Industry Association American Seed Trade Association American Soybean Association Animal Health Institute Biotechnology Innovation Organization Corn Refiners Association Enzyme Technical Association National Association of State Departments of Agriculture National Association of Wheat Growers National Black Growers Council National Cattlemen’s Beef Association National Corn Growers Association National Council of Farmer Cooperatives National Grain and Feed Association National Milk Producers Federation National Oilseed Producers Association National Pork Producers Council National Renderers Association National Turkey Federation North American Meat Institute North American Millers’ Association